Legal Opinion · Concurrence

Gess v. Nampa & Meridian Irrigation District

Idaho Supreme Court

Decided July 1, 1920Published

APPEAL .from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to recover money paid under duress. Judgment for plaintiff. Hugh E. McElroy, for Appellant. Parties acquiring interests in the same canal are under no obligation to maintain the canal for the benefit of their co-owners, and hence are under no obligation to make deliveries for the benefit of their co-owners. {Nampa & Meridian Irr.

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APPEAL .from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action to recover money paid under duress. Judgment for plaintiff. Hugh E. McElroy, for Appellant. Parties acquiring interests in the same canal are under no obligation to maintain the canal for the benefit of their co-owners, and hence are under no obligation to make deliveries for the benefit of their co-owners. {Nampa & Meridian Irr. Dist-. v. Gess, 17 Ida. 552, 106 Pac'. 993.) “The general rule is that where an unfounded or illegal demand is made upon a person, and the law furnishes…

1Concurrence

BUDGE, J.,

Concurring Specially. — This is an action to recover certain sums paid by respondent to appellant as maintenance charges for the years 1912, 1913 and 1914. The theory upon which respondent bases his right to recover is that the Charges were in excess of what was lawfully due, that they were paid under compulsion, or duress, and therefore involuntarily and over respondent’s protest.

Appellant’s contentions are, first, that the charges for maintenance were lawful and proper; second, even though it be conceded that the sums exacted were too high, the payment was made with a full…

2Cases cited2 opinions

  1. First National Bank v. SargeantNebraska Supreme Court · 1902
  2. Nampa & Meridian Irrigation District v. ManvilleIdaho Supreme Court · 1918

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